Dispute relating to anti cancer drug Elontinib Hydrochloride , between Cipla and Roche (being one of the initial patent disputes post 2005 TRIPS compliance) , has been resolved as both the parties have reached “out of court” settlement.The two companies on May 30 2017, arrived at a settlement before the Delhi High Court to close the patent dispute between them over the said drug.
The said drug Erlotinib Hydrochloride sold by Roche under brand Tarceva cost around Rs 1.4 lakh for a month’s dosage, used in treatment of non-small cell lung cancer (NSCLC), pancreatic cancer and several other types of cancer. A patent infringement case was filed by Roche against Cipla for selling another version of said drug at one third of Roche’s price. In 2015, The Delhi High Court held Cipla guilty of infringing Roche’s patent . Cipla then approached Supreme Court challenging the said order and contended that Roche’s product Tarceva was subject matter of a rejected patent application in India and was therefore in public domain, for which it has been accused of infringement.
In recent developments, Cipla has now acknowledged Roche’s Patent rights over the said drug and has withdrawn the Special Leave Petition filed in the Supreme Court against the said Delhi High Court Order, resulting in both the parties ending litigation on the said drug.
Vidhik-Vishleshan (Decoding The Law & More) 